HomeMy Public PortalAbout1988-062P.ember
adoption:
introduced the following resolution and moved its
CITY OF MEDINA
RESOLUTION NO. f f G
RESOLUTION GRANTING A
VARIANCE FOR ROBERT FRANKLIN
WHEREAS, Robert Franklin (Applicant) has requested a variance to reduce
the front yard setback to 0' to rebuild an existing garage on his property at
2819 Lakeshore Avenue; and
WHEREAS, Section 825.45 of the City's Code of Ordinances and Minn. Stat.
Section 462.357 require that variances from the strict interpretation of the
zoning ordinance be granted only when there is a demonstrated hardship because
of circumstances unique to the property; and
WHEREAS, the planning commission considered the Applicant's request and
has recommended approval thereof with conditions; and
WHEREAS, the City Council has had an opportunity to review the matter and
to hear from the Applicant regarding his request.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina,
Minnesota that the Applicant's request for a variance be granted, down to 0'
to rebuild the garage in its current location, the hardship being the location
of the existing garage, subject to the following conditions:
1. The city shall be responsible for the cities legal fees with regard
to research of the validity of the easement over the western portion
of the property;
2. The Applicant shall obtain a survey and grant to the city an easement
for roadway purposes 40 feet in width over his property, the Schanus
and the Fries properties, which easement will be north and northeast
of the existing easement, all at Applicant's expense;
3. No trees over 6" in diameter within the roadway right-of-way shall be
removed unless by vote of the city council after timely notification
to the property owner;
4. The city shall grant a building permit for the new garage after
receipt and filing of the new roadway easements; and
5. The Applicant shall amend his Torrens registration proceeding to
recognize the validity of a roadway easement 40 feet in width over
the entire length of his property.
Thoma Ander on, Mayor
ATTEST:
�\ J
Donna Roehl, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by
memberand upon vote being taken thereon, the following voted
in favor thereof:
i
and the following voted against same:
Whereupon said resolution was declared passed and adopted.
MedRes5:04RE179.E40